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Risks of Debt Among Financially Vulnerable People

The cost-of-living crisis is hitting us all, to some extent, but it’s hardly a surprise that the worst hit are the most financially vulnerable people. For many, the only way out seems to be taking on debt, which can lead them into a debt spiral it’s hard to break — and this is especially a risk over Christmas. Debt Patterns in 2023 Recent figures show that, on average, 22% of people in the UK have fallen
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Do You Need to Pay HMRC First if You’re Insolvent?

If a company enters into any form of insolvency, whether it’s a company voluntary arrangement, a pre-pack administration or a restructuring plan, it’s likely that one of the major creditors will be HMRC. It’s often believed that any taxes owed have to be paid first, before any other debts have to be considered. However, the situation is far from simple. Some recent cases have supported HMRC’s claims, while others hav
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Are We Producing a Financially Illiterate Generation?

While the current economic problems in the UK can’t really be laid at the feet of consumers, there’s no doubt that widespread poor financial management isn’t helping matters. This ranges from naivety in investment to a general “have it now, pay tomorrow” culture that’s fuelling debt. A recent survey suggests that this isn’t set to improve. The study, by Compare the Market and MyBnk, found that only 41% of young adult
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SMEs and Open Banking — A Booming Combination

One of the major financial innovations of the past decade has been the rise of open banking. This term describes the use of open APIs (application programming interfaces) to allow users more control over their banking. While uptake has been limited among consumers, it’s proved popular with SMEs. Recent research has shown more than 750,000 SMEs using it in the UK. What Is Open Banking? Open banking is the general term
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Are Your Properties Mould-Free?

If you rent out residential properties, you must be aware of the tragic case of Awaab Ishak, the Rotherham toddler who died in 2020 from exposure to mould in a rented home. In this case, the property was owned by a housing association, but if you let your property privately, you could be personally responsible for such an incident. So, what do you need to know about mould and how to prevent it? What Are the Dangers f
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Restructuring Plans — The Way Forward for Insolvency?

While more traditional insolvency procedures — e.g. Company Voluntary Arrangements (CVA), “pre-pack” Administrations and Schemes of Arrangements — are sometimes the best way forward, they can have disadvantages. Winding a company up isn’t always in the best interests of the creditors, any more than the debtor, but there has often been little choice. However, in 2020 a new approach was introduced — Restructuring Plans
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Do You Need to Close Your Business? How to Do It Properly

When we set up a business, we’re not thinking of having to close it eventually. The reality is, though, that most businesses do eventually close, even if it’s after a good run. However, there are right and wrong ways of going about it. Why Might You Need to Close Your Business? It’s a sad statistic that a fifth of all businesses close within a year of being launched. There are various possible reasons. Maybe they hav
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Cryptocurrency and Insolvency — What’s the Future?

Cryptocurrencies, like Bitcoin and many others, have being growing in popularity for several years, but have posed a challenge in several legal areas. This has included insolvency laws. After all, how can you include as an asset something that’s not only non-physical, but also anonymous? However, English law has recently started trying to define cryptocurrencies as assets, so what does that mean for insolvency law? T
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What’s the Position of Third-Party Guarantors Under a Part 26A Plan?

Two years ago, the government enacted Part 26A of the Companies Act 2006. The aim was to offer protection for companies during the Covid-19 pandemic, allowing the option of arranging a sanctioned restructuring plan. This includes the possibility of a moratorium on the company’s debts. However, one aspect of this not specifically covered by the Act, and not previously tested in court, is the position of third-party gu
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Bounce-Back Loans — Can’t Pay or Won’t Pay

With many businesses devastated by the Covid pandemic, government measures like furlough and bounce-back loans were often lifesavers. However, when the time came to start paying back, not everyone repaying as easy as borrowing. Sometimes this was due to ongoing challenges, but some cases were self-inflicted. Bounce-Back Loan Fraud — Convictions Begin Because of the urgency of the situation, bounce-back loans were oft
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